Do we have to remove conditions??! direct consular filing

[melusine84 0]

I know, I am a major procrastinator... I have been trying to figure out what I should do for some time here... What happened is my husband was given the I-130 visa through Mexico. His permanent resident card is made out for 10 years... yet we were not yet married 2 years at the time. Has anyone heard of a case like this, or know anything about what is expected? If he has a 10 year visa and is not considered conditional, I do not want to go through all the stress of the paperwork again! Yet I do not want problems down the line if they lay the fault with us... Anyone know what I should do?

[melusine84 0]

I know, I am a major procrastinator... I have been trying to figure out what I should do for some time here... What happened is my husband was given the I-130 visa through Mexico. His permanent resident card is made out for 10 years... yet we were not yet married 2 years at the time. Has anyone heard of a case like this, or know anything about what is expected? If he has a 10 year visa and is not considered conditional, I do not want to go through all the stress of the paperwork again! Yet I do not want problems down the line if they lay the fault with us... Anyone know what I should do?

[melusine84 0]

I know, I am a major procrastinator... I have been trying to figure out what I should do for some time here... What happened is my husband was given the I-130 visa through Mexico. His permanent resident card is made out for 10 years... yet we were not yet married 2 years at the time. Has anyone heard of a case like this, or know anything about what is expected? If he has a 10 year visa and is not considered conditional, I do not want to go through all the stress of the paperwork again! Yet I do not want problems down the line if they lay the fault with us... Anyone know what I should do?

[rjp44 1]

I know, I am a major procrastinator... I have been trying to figure out what I should do for some time here... What happened is my husband was given the I-130 visa through Mexico. His permanent resident card is made out for 10 years... yet we were not yet married 2 years at the time. Has anyone heard of a case like this, or know anything about what is expected? If he has a 10 year visa and is not considered conditional, I do not want to go through all the stress of the paperwork again! Yet I do not want problems down the line if they lay the fault with us... Anyone know what I should do?

It's not at all unusual to be granted the IR visa with 10 yr greencard instead of the conditional visa when your 2nd anniversary is close.

[MargotDarko 0]

I know, I am a major procrastinator... I have been trying to figure out what I should do for some time here... What happened is my husband was given the I-130 visa through Mexico. His permanent resident card is made out for 10 years... yet we were not yet married 2 years at the time. Has anyone heard of a case like this, or know anything about what is expected? If he has a 10 year visa and is not considered conditional, I do not want to go through all the stress of the paperwork again! Yet I do not want problems down the line if they lay the fault with us... Anyone know what I should do?

It's not at all unusual to be granted the IR visa with 10 yr greencard instead of the conditional visa when your 2nd anniversary is close.

Hmm... perhaps. But their 2nd anniversary was still months away, not just a few weeks. I would be concerned that something had gone wrong, but I would not be sure what to do about it. I am not familiar with making Infopass appts as I've done DCF and I'm still in the UK, but perhaps this a time to make one?

[vbtbmrt 2]

well the expire date is 2016 on green card or not is what you have to look at if not then it is old style card and has to be renewed according to uscis news bulletin good luck

[CarolineM 0]

I *think* you don't have to do this until his green card expires. Look at the date on his GC. If it's expiring w/i 90 days, then I think you need to do it. If it doesnt' expire for 8 more years, I'd say you're good.

We did DCF as well, but only got a 2 year card.

[eau_xplain 2]

There are actually some people who advice that if you haven't been married for 2 years but get a 10-year green card, it would be prudent to still file for removal of conditions. You can submit the application and if they return it because it's not needed, then you can keep it in your file to show proof that you tried, in good faith, to comply with immigration rules. This way, they cannot "discover their error" somewhere down the road and cause you any immigration problems.

[gwenneh 7]

If his PR card is made out for ten years then you have to file to lift conditions 90 days before that card expires. So no, you don't have to file to lift conditions.

[eau_xplain 2]

I posted a reply to your similar post here

[diadromous mermaid 36]

If his PR card is made out for ten years then you have to file to lift conditions 90 days before that card expires. So no, you don't have to file to lift conditions.

NOT true!! An error made in the production of the card does not obviate following the law. "Ignorance of the law is no defense". Couples that were not married 24 months at the time of approval are well-advised to submit the I-751. Whether USCIS exercises its discretion to consider the submission extraneous is their call. In the event that USCIS recognises the error and the couple fails to submit the petition, they'll be facing a complicated mess.

[zyggy 9]

But... were they married for two years at the time they entered the US... if they were then the issuance of the 10-year card is correct. If not, then even though you were erroneously issued a 10-year card, the law still requires you to file for removal of conditions as you are legally a conditional permanent resident.

[MargotDarko 0]

But... were they married for two years at the time they entered the US... if they were then the issuance of the 10-year card is correct. If not, then even though you were erroneously issued a 10-year card, the law still requires you to file for removal of conditions as you are legally a conditional permanent resident.

According to their timeline in their signature, they were married for less than two years when entering the US - approx 8 months before their second anniversary.

If I were in the situation, and couldn't get a good answer from an official source, I would go ahead and file to remove conditions as I would still be held responsible to follow immigration law even if there was a mistake on the green card.

[Chica Yeyé 41]

A 1- year visa is not conditional as far as I know. So nope, I don't think he has to remove anything. He can get ready for naturalization in one more year, if he chooses to do so.

This post could be moved to another subforum so you can get more and better responses - ask an organizer or mod to move it.

Buena suerte, L.

[Dr. Obvious 49]

Nope, don't have to do anything until it is time to renew it.

Edited January 10, 2008 by Wacken